Legal experts say the Government of Canada is likely to act quickly on a Federal Court directive to attend to the case of Omar Khadr, rather than risk the adverse consequences of ignoring the order.
Federal Court Justice Russel Zinn gave the government seven days to come up with a list of remedies it will use to fix its breach of Khadr's constitutional rights, after rejecting Ottawa's original solution of sending a diplomatic letter to Washington.
In January, the Federal Court said the government had to come up with a remedy for the violation of Khadr's rights, prompting Ottawa to send the diplomatic letter the following month.
In the diplomatic letter, Ottawa asked U.S. officials not to use information that was gathered by Canadian officials during a 2003 interview at Guantanamo Bay, in their pending prosecution of the 23-year-old Khadr.
But after Khadr's lawyers asked the Federal Court to review Ottawa's letter and response to the January ruling, Zinn found that Washington had ignored the request. He then ruled that the Canadian government had to do more for Khadr, who has been in American custody since 2002.
"I do not share the view that Canada, in its actions taken to date, has remedied the breach or that there are no other potential curative remedies available," Zinn said in his Monday ruling.
"It is clear on the record before the Court that the breach has not been cured."
University of Ottawa law professor Amir Attaran told CTV's Canada AM the decision basically informs the government that it "must try something else to remedy the fact that you illegally violated Omar Khadr's rights."
With the clock now ticking, the government has said only that it is reviewing the Federal Court decision. But legal expert says government officials will spend every waking hour of the next week plotting out their next move.
Legal analyst Steven Skurka says the Federal Court decision "puts everything into play," letting the government know that it cannot drag its feet on the Khadr file any longer.
"I expect that on a 24-hour basis now, the Department of Justice's senior political officers are looking at what they can do," Skurka said Tuesday morning, when discussing the case on CTV's Canada AM.
"Can they fashion some creative remedy, other than seeking repatriation of Omar Khadr? But really they will have no choice, I expect."
Attaran said it is possible that the government might seek an extension from the Federal Court as it works on the court's request.
The government could also opt to ignore the Federal Court order, though Attaran said that is an "unlikely scenario."
"I think what you'll see is the government working double-time to meet the court's deadline, rather than run that kind of risk," said Attaran.
Khadr is accused of throwing a grenade that killed a U.S. medic in Afghanistan when he was 15 years old in 2002.
With files from The Canadian Press
